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South Africa · 2nd Year · Criminal Law

General Principles

Elements, intent and defences.

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  1. 1.Elements of criminal liability in SA?

    Conduct (a voluntary act or omission), compliance with the definitional elements, unlawfulness, and culpability (criminal capacity and fault).

    General principles

  2. 2.S v Chretien 1981 — held?

    Voluntary intoxication may be a complete defence if it excludes criminal capacity or voluntariness; Parliament responded with s 1 of the Criminal Law Amendment Act 1 of 1988.

    1981 (1) SA 1097 (A)

  3. 3.S v Goliath 1972 — held?

    Compulsion (duress) can be a complete defence even to murder in appropriate circumstances.

    1972 (3) SA 1 (A)

  4. 4.S v Eadie 2002 — held?

    There is no distinction between non-pathological incapacity due to emotional stress and sane automatism; the defence must be approached with caution.

    2002 (1) SACR 663 (SCA)

  5. 5.S v Humphreys 2013 — significance?

    Dolus eventualis requires the accused to foresee and reconcile themselves with the consequence; the minibus driver had not reconciled himself with death, so murder convictions were replaced.

    2013 (2) SACR 1 (SCA)

  6. 6.DPP, Gauteng v Pistorius 2016 — held?

    The SCA replaced a culpable homicide conviction with murder on the basis of dolus eventualis.

    2016 (2) SA 317 (SCA)